Lisa Vargas v. County of Los Angeles

I. Factual Background

1 This case concerns a deputy-involved shooting, in which Anthony Vargas (“Anthony 2 Vargas”), Plaintiff Lisa Vargas’s son, was killed by Defendants Nikolis Perez and Jonathan Rojas 3 (“Deputy Defendants”). ECF No. 159 (“MSJ Order”) at 2. On August 28, 2018, the Deputy 4 Defendants responded to a 911 call reporting an armed robbery that had just occurred. Id. When the 5 Deputy Defendants arrived on the scene, a struggle between Anthony Vargas and the Deputy 6 Defendants ensued and the Deputy Defendants subsequently shot Anthony Vargas sixteen times. Id. 7 at 2–3.

II. Procedural History

9 On March 25, 2019, Plaintiff Lisa Vargas (“Lisa Vargas”) filed a complaint against 10 Defendants County of Los Angeles, Nikolis Perez, and Jonathan Rojas (collectively, the 11 “Defendants”) in Los Angeles Superior Court. On April 24, 2019, Defendants removed this case to 12 the Central District of California. ECF No. 1. On August 19, 2019, Lisa Vargas filed a First 13 Amended Complaint alleging six causes of action: (1) battery; (2) negligence; (3) violation of the 14 Bane Act, Cal. Civ. Code § 52.1; (4) unreasonable search and seizure, 42 U.S.C. § 1983; (5) 15…